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The Labor Management Relations Act, 1947, better known as the Taft–Hartley Act, is a
United States federal law The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the ...
that restricts the activities and power of
labor unions A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...
. It was enacted by the
80th United States Congress The 80th United States Congress was a meeting of the legislative branch of the Federal government of the United States, United States federal government, composed of the United States Senate and the United States House of Representatives. It met ...
over the
veto A veto is a legal power to unilaterally stop an official action. In the most typical case, a president (government title), president or monarch vetoes a bill (law), bill to stop it from becoming statutory law, law. In many countries, veto powe ...
of President
Harry S. Truman Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. As the 34th vice president in 1945, he assumed the presidency upon the death of Franklin D. Roosevelt that year. Subsequen ...
, becoming law on June 23, 1947. Taft–Hartley was introduced in the aftermath of a major strike wave in 1945 and 1946. Though it was enacted by the Republican-controlled 80th Congress, the law received significant support from congressional Democrats, many of whom joined with their Republican colleagues in voting to override Truman's veto. The act continued to generate opposition after Truman left office, but it remains in effect. The Taft–Hartley Act amended the 1935
National Labor Relations Act The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, an ...
(NLRA), adding new restrictions on union actions and designating new union-specific
unfair labor practice An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) (also known as the NLRA and the Wagner Act after NY Senator ...
s. Among the practices prohibited by the Taft–Hartley act are jurisdictional strikes, wildcat strikes, solidarity or political strikes, secondary boycotts, secondary and mass picketing,
closed shop A pre-entry closed shop (or simply closed shop) is a form of union security agreement under which the employer agrees to hire union members only, and employees must remain members of the union at all times to remain employed. This is different fr ...
s, and monetary donations by unions to federal political campaigns. The amendments also allowed states to enact right-to-work laws banning
union shop In labor law, a union shop, also known as a post-entry closed shop, is a form of a union security clause. Under this, the employer agrees to either only hire labor union members or to require that any new employees who are not already union mem ...
s. Enacted during the early stages of the
Cold War The Cold War was a period of global Geopolitics, geopolitical rivalry between the United States (US) and the Soviet Union (USSR) and their respective allies, the capitalist Western Bloc and communist Eastern Bloc, which lasted from 1947 unt ...
, the law required union officers to sign non-communist affidavits with the government.


Background

In 1945 and 1946, an unprecedented wave of major strikes affected the United States; by February 1946, nearly 2 million workers were engaged in strikes or other labor disputes. Organized labor had largely refrained from striking during
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, but with the end of the war, labor leaders were eager to share in the gains from a postwar economic resurgence. The 1946 mid-term elections left Republicans in control of Congress for the first time since the early 1930s. Many of the newly elected congressmen were strongly conservative and sought to overturn or roll back
New Deal The New Deal was a series of wide-reaching economic, social, and political reforms enacted by President Franklin D. Roosevelt in the United States between 1933 and 1938, in response to the Great Depression in the United States, Great Depressi ...
legislation such as the
National Labor Relations Act of 1935 The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, a ...
, which had established the right of workers to join unions, bargain collectively, and engage in strikes. Republican senator Robert A. Taft and Republican congressman Fred A. Hartley Jr. each introduced measures to curtail the power of unions and prevent strikes. Taft's bill passed the Senate by a 68-to-24 majority, but some of its original provisions were removed by moderates, like Republican senator
Wayne Morse Wayne Lyman Morse (October 20, 1900 – July 22, 1974) was an American attorney and United States Senator from Oregon. Morse is well known for opposing the Democratic Party (United States), Democratic Party’s leadership and for his opposition t ...
. Meanwhile, the stronger Hartley bill garnered a 308-to-107 majority in the House of Representatives. The Taft–Hartley bill that emerged from a
conference committee A committee or commission is a body of one or more persons subordinate to a deliberative assembly or other form of organization. A committee may not itself be considered to be a form of assembly or a decision-making body. Usually, an assembly o ...
incorporated aspects from both the House and Senate bills. The bill was promoted by large business lobbies, including the National Association of Manufacturers. After spending several days considering how to respond to the bill, President Truman vetoed Taft–Hartley with a strong message to Congress, calling the act a "dangerous intrusion on
free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognise ...
." Labor leaders, meanwhile, derided the act as a "slave-labor bill". Despite Truman's all-out effort to prevent a veto override, Congress overrode his veto with considerable Democratic support, including 106 out of 177 Democrats in the House, and 20 out of 42 Democrats in the Senate.


Effects of the act

As stated in Section 1 (), the purpose of the NLRA is:
promote the full flow of commerce, to prescribe the legitimate rights of both employees and employers in their relations affecting commerce, to provide orderly and peaceful procedures for preventing the interference by either with the legitimate rights of the other, to protect the rights of individual employees in their relations with labor organizations whose activities affect commerce, to define and proscribe practices on the part of labor and management which affect commerce and are inimical to the general welfare, and to protect the rights of the public in connection with labor disputes affecting commerce.
The amendments enacted in Taft–Hartley added a list of prohibited actions, or
unfair labor practice An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) (also known as the NLRA and the Wagner Act after NY Senator ...
s, on the part of unions to the NLRA, which had previously only prohibited unfair labor practices committed by employers. The Taft–Hartley Act prohibited jurisdictional strikes, wildcat strikes, solidarity or political strikes, secondary boycotts, secondary and mass picketing,
closed shop A pre-entry closed shop (or simply closed shop) is a form of union security agreement under which the employer agrees to hire union members only, and employees must remain members of the union at all times to remain employed. This is different fr ...
s, and monetary donations by unions to federal political campaigns. It also required union officers to sign non-communist affidavits with the government.
Union shop In labor law, a union shop, also known as a post-entry closed shop, is a form of a union security clause. Under this, the employer agrees to either only hire labor union members or to require that any new employees who are not already union mem ...
s were heavily restricted, and states were allowed to pass right-to-work laws that ban agency fees. Furthermore, the executive branch of the federal government could obtain legal strikebreaking
injunction An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable rem ...
s if an impending or current strike imperiled the national health or safety.


Jurisdictional strikes

In jurisdictional strikes, outlawed by Taft–Hartley, a union strikes in order to assign particular work to the employees it represents. Secondary boycotts and common situs picketing, also outlawed by the act, are actions in which unions picket, strike, or refuse to handle the goods of a business with which they have no primary dispute but which is associated with a targeted business. A later statute, the Labor Management Reporting and Disclosure Act, passed in 1959, tightened these restrictions on secondary boycotts still further.


Campaign expenditures

According to First Amendment scholar Floyd Abrams, the act "was the first law barring unions and corporations from making independent expenditures in support of or nopposition to federal candidates".Debating 'Citizens United'
''
The Nation ''The Nation'' is a progressive American monthly magazine that covers political and cultural news, opinion, and analysis. It was founded on July 6, 1865, as a successor to William Lloyd Garrison's '' The Liberator'', an abolitionist newspaper ...
'' (January 13, 2011)


Closed shops

The law outlawed closed shops which were contractual agreements that required an employer to hire only
labor union A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...
members. Union shops, still permitted, require new recruits to join the union within a certain amount of time. The National Labor Relations Board and the courts have added other restrictions on the power of unions to enforce union security clauses and have required them to make extensive financial disclosures to all members as part of their duty of fair representation. On the other hand, Congress repealed the provisions requiring a vote by workers to authorize a union shop a few years after the passage of the act when it became apparent that workers were approving them in virtually every case.


Union security clauses

The amendments also authorized individual states to outlaw union security clauses (such as the union shop) entirely in their jurisdictions by passing right-to-work laws. A right-to-work law, under Section 14B of Taft–Hartley, prevents unions from negotiating contracts or legally binding documents requiring companies to fire workers who refuse to join the union. Currently all of the states in the
Deep South The Deep South or the Lower South is a cultural and geographic subregion of the Southern United States. The term is used to describe the states which were most economically dependent on Plantation complexes in the Southern United States, plant ...
and a number of states in the Midwest, Great Plains, and
Rocky Mountains The Rocky Mountains, also known as the Rockies, are a major mountain range and the largest mountain system in North America. The Rocky Mountains stretch in great-circle distance, straight-line distance from the northernmost part of Western Can ...
regions have right-to-work laws (with six states—
Alabama Alabama ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South, Deep Southern regions of the United States. It borders Tennessee to the north, Georgia (U.S. state), Georgia to the east, Florida and the Gu ...
,
Arizona Arizona is a U.S. state, state in the Southwestern United States, Southwestern region of the United States, sharing the Four Corners region of the western United States with Colorado, New Mexico, and Utah. It also borders Nevada to the nort ...
,
Arkansas Arkansas ( ) is a landlocked state in the West South Central region of the Southern United States. It borders Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, Texas to the southwest, and Oklahoma ...
,
Florida Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic ...
,
Mississippi Mississippi ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South regions of the United States. It borders Tennessee to the north, Alabama to the east, the Gulf of Mexico to the south, Louisiana to the s ...
, and
Oklahoma Oklahoma ( ; Choctaw language, Choctaw: , ) is a landlocked U.S. state, state in the South Central United States, South Central region of the United States. It borders Texas to the south and west, Kansas to the north, Missouri to the northea ...
—going one step further and enshrining right-to-work laws in their states' constitutions).


Strikes and lockouts


Notice provisions

The amendments required unions and employers to give 80 days' notice to each other and to certain state and federal mediation bodies before they may undertake strikes or other forms of economic action in pursuit of a new
collective bargaining agreement A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company (or with an ...
; it did not, on the other hand, impose any "cooling-off period" after a contract expired.


National emergency provisions

Section 206 of the Act, codified at 29 U.S.C. § 176, also authorized a president to intervene in strikes or lockouts, under certain circumstances, by seeking a court order compelling companies and unions to attempt to continue to negotiate.The UAW-Automakers Labor Dispute and Taft-Hartley's National Emergency Provisions
Congressional Research Service (October 2, 2023).
Under this section, if the president determines that an actual or threatened lockout affects all or a substantial part of an industry engaged in interstate or foreign "trade, commerce, transportation, transmission, or communication" and that the occurrence or continuation of a strike or lockout would "imperil the national health or safety," the President may empanel a board of inquiry to review the issues and issue a report. Upon receiving the report, the president may direct the U.S. Attorney General to seek an injunction from a federal court. If a court enters an
injunction An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable rem ...
, then a strike by workers or a lockout by employers is suspended for an 80-day period; employees must return to work while management and unions must "make every effort to adjust and settle their differences"Paul Wiseman
The president could invoke a 1947 law to try to suspend the dockworkers' strike. Here's how
Associated Press (October 2, 2024).
with the assistance of the Federal Mediation and Conciliation Service. Presidents have invoked this provision 37 times. In 2002, President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
invoked the law in connection with the employer lockout of the International Longshore and Warehouse Union during negotiations with West Coast shipping and stevedoring companies. This was the first successful invocation of the emergency provisions since President Richard M. Nixon intervened to halt a longshoremen's strike in 1971.


Prohibition on federal employee strikes

Section 305 of the Act prohibited federal employees from striking. This prohibition was subsequently repealed and replaced by a similar provision, 5 U.S.C. § 7311, which bars any person who "participates in a strike, or asserts the right to strike against the Government of the United States" from federal employment.


Anti-communism

The amendments required union leaders to file affidavits with the
United States Department of Labor The United States Department of Labor (DOL) is one of the executive departments of the U.S. federal government. It is responsible for the administration of federal laws governing occupational safety and health, wage and hour standards, unemp ...
declaring that they were not supporters of the Communist Party and had no relationship with any organization seeking the "overthrow of the United States government by force or by any illegal or unconstitutional means" as a condition to participating in NLRB proceedings. Just over a year after Taft–Hartley passed, 81,000 union officers from nearly 120 unions had filed the required affidavits. This provision was at first upheld in the 1950 Supreme Court decision '' American Communications Ass'n v. Douds'', but in 1965, the Supreme Court held that this provision was an
unconstitutional In constitutional law, constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applic ...
bill of attainder A bill of attainder (also known as an act of attainder, writ of attainder, or bill of pains and penalties) is an act of a legislature declaring a person, or a group of people, guilty of some crime, and providing for a punishment, often without a ...
.


Treatment of supervisors

The amendments expressly excluded supervisors from coverage under the act, and allowed employers to terminate supervisors engaging in union activities or those not supporting the employer's stance. The amendments maintained coverage under the act for professional employees, but provided for special procedures before they may be included in the same bargaining unit as non-professional employees.


Right of employer to oppose unions

The act revised the Wagner Act's requirement of employer neutrality, to allow employers to deliver anti-union messages in the workplace.Anna McCarthy, ''The Citizen Machine: Governing by Television in 1950s America'', New York: The New Press, 2010, p. 54. . These changes confirmed an earlier
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
ruling that employers have a constitutional right to express their opposition to unions, so long as they did not threaten employees with reprisals for their union activities nor offer any incentives to employees as an alternative to unionizing. The amendments also gave employers the right to file a petition asking the board to determine if a union represents a majority of its employees, and allow employees to petition either to decertify their union, or to invalidate the union security provisions of any existing collective bargaining agreement.


National Labor Relations Board

The amendments gave the general counsel of the National Labor Relations Board discretionary power to seek injunctions against either employers or unions that violated the act. The law made pursuit of such injunctions mandatory, rather than discretionary, in the case of secondary boycotts by unions. The amendments also established the general counsel's autonomy within the administrative framework of the NLRB. Congress also gave employers the right to sue unions for damages caused by a secondary boycott, but gave the general counsel exclusive power to seek injunctive relief against such activities.


Federal jurisdiction

The act provided for federal court jurisdiction to enforce
collective bargaining agreements Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and labour rights, rights for ...
. Although Congress passed this section to empower federal courts to hold unions liable in damages for strikes violating a no-strike clause, this part of the act has instead served as the springboard for creation of a "federal common law" of collective bargaining agreements, which favored
arbitration Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitrati ...
over litigation or strikes as the preferred means of resolving labor disputes.


Conciliation Service

The United States Conciliation Service, which had provided mediation for labor disputes as part of Department of Labor, was removed from that department and reconstituted as an independent agency, the
Federal Mediation and Conciliation Service (United States) The Federal Mediation and Conciliation Service (FMCS) is an Independent agencies of the United States federal government, independent agency of the United States government that provides conflict resolution services to private and public workers ...
. This was done in part because industry forces thought the existing service had been too "partial" to labor.


Other

The Congress that passed the Taft–Hartley Amendments considered repealing the Norris–La Guardia Act to the extent necessary to permit courts to issue injunctions against strikes violating a no-strike clause, but chose not to do so. The Supreme Court nonetheless held several decades later that the act implicitly gave the courts the power to enjoin such strikes over subjects that would be subject to final and binding arbitration under a collective bargaining agreement. Finally, the act imposed a number of procedural and substantive standards that unions and employers must meet before they may use employer funds to provide pensions and other employee benefit to unionized employees. Congress has since passed more extensive protections for workers and employee benefit plans as part of the
Employee Retirement Income Security Act The Employee Retirement Income Security Act of 1974 (ERISA) (, codified in part at ) is a U.S. federal tax and labor law that establishes minimum standards for pension plans in private industry. It contains rules on the federal income tax e ...
("ERISA").


Aftermath

Union leaders in the
Congress of Industrial Organizations The Congress of Industrial Organizations (CIO) was a federation of Labor unions in the United States, unions that organized workers in industrial unionism, industrial unions in the United States and Canada from 1935 to 1955. Originally created in ...
(CIO) vigorously campaigned for Truman in the 1948 election based upon a (never fulfilled) promise to repeal Taft–Hartley. Truman won, but a union-backed effort in Ohio to defeat Taft in
1950 Events January * January 1 – The International Police Association (IPA) – the largest police organization in the world – is formed. * January 5 – 1950 Sverdlovsk plane crash, Sverdlovsk plane crash: ''Aeroflot'' Lisunov Li-2 ...
failed in what one author described as "a shattering demonstration of labor's political weaknesses".


See also

*
Labor unions in the United States Labor unions represent United States workers in many industries recognized under US labor law since the 1935 enactment of the National Labor Relations Act. Their activity centers on collective bargaining over wages, benefits, and working cond ...
* Norris–La Guardia Act * Wagner Act * Jurisdictional strike *
Solidarity action Solidarity action (also known as secondary action, a secondary boycott, a solidarity strike, or a sympathy strike) is industrial action by a trade union in support of a strike initiated by workers in a separate corporation, but often the same ...
* '' Chauffeurs, Teamsters, and Helpers Local No. 391 v. Terry'', 494 U.S. 558 (1990) 5 to 2 on §185 of LMRA 1947, holding that a plaintiff is entitled to trial by jury if the trade union denies representation


Notes


Works cited

* *


References

* Dean, Adam, and Jonathan Obert. "Rewarded by Friends and Punished by Enemies: The CIO and the Taft-Hartley Act." ''Labor'' 18.3 (2021): 78-113. * McCann, Irving G. ''Why the Taft-Hartley Law?'' New York: Committee for Constitutional Government, 1950. * Millis, Harry A. and Brown, Emily Clark. ''From the Wagner Act to Taft-Hartley: A Study of National Labor Policy and Labor Relations''. Chicago: University of Chicago Press, 1950.


Further reading

* Caballero, Raymond. ''McCarthyism vs. Clinton Jencks.'' Norman: University of Oklahoma Press, 2019.


External links


Labor Management Relations ActPDFdetails
as amended in the GPObr>Statute Compilations collection
* {{DEFAULTSORT:Taft-Hartley Act 80th United States Congress 1947 in American law 1947 in economic history 1947 in labor relations Anti-communism in the United States Trade union legislation United States federal labor legislation